What if Defending Your Life
by Katy M VT
Summary: What if Osiris called three different witnesses. Chapter 4 of 4 up. Spoilers for entire series.
1. Chapter 1

What if Osiris called three different witnesses.

"OK," Osiris said. "Nobody's ever had a lawyer before, but I guess you can do that. Here are the rules. Mr. Winchester is being tried for the earliest thing he feels guilty for, the thing he feels most guilty for and the last thing he feels guilty for. For each case, I will call one witness. You can call one rebuttal witness. Whoever your witness is, they must be dead as I can't call the living here, and then you can call the defendant."

"OK," Sam agreed.

"My first witness is Benjamin Anderson," Osiris said.

"Who's that?" Sam whispered to Dean.

"I have no idea," Dean said, shaking his head.

A ten year old boy appeared in the witness box.

"State your name for the record," Osiris intoned.

"Ben Anderson," the little boy answered.

"How did you die?" Osiris asked.

"Some guy in a creepy black robe came in my room one night. Then, he put his mouth over mine and sucked. I felt so sick and then I got pneumonia and died."

"When did this happen?" Osiris asked.

"1989."

Sam and Dean both realized this was the striga. The one their dad had had to stop hunting because Dean had played video games.

"Did the man say anything to you?" Osiris asked.

"Just that I would be his last meal for a while."

"Your witness," Osiris said to Sam.

Sam considered. The kid wouldn't be able to help out on this. "No questions," Sam said.

Osiris nodded at the boy and asked him to go sit on a bench across the barn.

"Do you have a rebuttal witness?" Osiris asked.

Sam thought. There was nobody who could say this wasn't Dean's fault except for Dean, but he had to do something. "Jake, Andrea Barr's father," Sam said. He couldn't remember his last name, but hoped that would be enough.

"What are you doing?" Dean asked. He had nothing to do with that case.

Sam just shrugged. This was probably not going to work but he had to try. Jake appeared in the witness stand.

"State your name," Osiris said.

"Jake Devins,' he said.

"Sheriff, do you remember us?" Sam asked.

"Of course," Jake said.

"What was Dean doing when you died?" Sam asked.

"Attempting to save my grandson," Jake answered. He looked to Dean, "Did you?"

Dean nodded.

Jake closed his eyes in relief.

"Would you be surprised to learn that Dean has saved lots of children?" Sam asked. He was waiting for an objection, but quickly learning that this court wasn't exactly operating like an American court.

"Not at all," Jake responded.

"No more questions," Sam said. He so didn't know what he was doing.

Jake went to join Ben on the bench.

"Would you like to call the defendant?"

"Yes," Sam said.

Dean got up and went to the witness box.

"Dean, how old were you in 1989?"

"10."

"Why did you go out to play video games that night?"

Dean shrugged. "I was bored."

"Would you say that is a normal state for 10 year olds?"

"Probably," Dean answered.

"Why did you feel guilty about your action?" Sam asked.

"Dad told me not to leave the room?" Dean answered.

"Did he tell you why not?" Sam asked.

"No, he just said to not let you out of my sight," Dean remembered.

"Did he say that to you a lot?" Sam asked.

"Every time he left," Dean confirmed.

"Had you ever left me alone to go play video games before?" Sam asked. He wasn't sure of the answer, but he felt that he could make it work to Dean's advantage either way.

"Yes," Dean admitted. He hadn't ever disobeyed his father again, but he had done it previously.

"To the best of your knowledge, had anyone died as a result?" Sam asked.

"No," Dean said.

"So, you had every reason to believe that you could go play a video game without killing anybody, correct?" Sam asked.

Dean smiled. Sam was actually pretty good at this. "Yes," he said.

"What happened when Dad got back?" Sam asked.

"He took us to Pastor Jim's and then came back to look for the thing, but it had struck one more time and then left the area."

"Was it your decision for Dad to take us to Pastor Jim's?" Sam asked.

"No."

"Was it your decision to leave us alone in the area of a hunt instead of dropping us off at Pastor Jim's in the first place?" Sam asked.

"No." Now that Dean thought about it that was really odd. Why had their dad left them alone where he knew there had been a monster.

Sam just had the same thought Dean had. "Did he usually do that?"

"No. If there were monsters that were targeting children, he got us out of the area."

"When did Dad show up in relation to the striga?"

"He came in when it was starting to feed on you."

"How do you kill a striga?" Sam asked.

"With consecrated rot iron bullets. But only when they're feeding."

"Well, that was convenient. Do you think Dad may have been there all along and that he was using us as bait?" Sam asked.

Dean didn't want to admit it, but he had no choice. "Maybe."

"And in that case, wouldn't everything that happened after that really be his fault and not yours?"

"Maybe," was the best Dean could do on that one. That was his first major mistake. He had almost gotten Sam killed. It wasn't so easy to let that go and place it all on Dad.

"No further questions," Sam said. He had done the best he could on that one.


	2. Chapter 2

"My second witness is John Winchester," Osiris said.

Their father appeared in the witness stand. "Boys?" he asked. "What's going on?"

"Silence, I ask the questions," Osiris said. "State your name."

"John Winchester." He wondered what was going on. It seemed like a trial.

"How did you die, Mr. Winchester?"

"I had a heart attack," John said.

"And what caused that heart attack?" Osiris asked. "Remember, you are under oath."

John sighed. "I sold my soul."

"In exchange for what?" Osiris asked.

"My oldest son's life. He was laying in a hospital bed, dying."

"Your witness," Osiris said.

"Did Dean ask you to sell your soul for him?" Sam asked.

"No," John answered. If Dean was on trial, John was glad Sam was defending him. Sam was smart and would pull out all the stops for his brother.

"Why was Dean in the hospital in the first place?" Sam asked. He just realized his best strategy would probably be to make everything his fault. He had missed that opportunity on the last case, but if he could do that with his father's deal and whatever the next thing was, he could probably save Dean.

"We were in a car accident," John answered.

"Who was driving?"

John immediately saw what Sam was doing. He didn't want either of his sons sacrificing themselves for the other. He wanted them both to be fine. "You were, but it wasn't your fault."

"What caused the accident?" Sam asked.

"A demon in a truck crashed into us," John answered.

"How did the demon know where to find us?" Sam asked.

"I assume the yellow-eyed demon told him."

Again, Sam expected an objection, but again, none was forthcoming.

"Who allowed the yellow-eyed demon to escape?" Sam asked.

John sighed. He had forgotten that Sam was stubborn just like he was. "You did, but only because you hadn't wanted to kill me."

"So, if I had killed you, the demon would be dead, there would have been no accident, and you would never have gone to Hell?"

"I guess," John said.

"No further questions," Sam said, knowing he had made his point.

John joined the other witnesses on the bench. "Who would you like to call?" Osiris asked.

Sam thought about it. There was nobody else he could call that would prove that John's selling his soul was ultimately his responsibility, so he would just try to work on absolving Dean's guilt. "Samuel Campbell."

"What?" Dean asked.

John was perplexed. Mary's father had died years before Sam was even born. Why was he calling him? How would he even know about him.

Samuel appeared in the witness box. "Sam," he said.

"What was the first thing you did when Crowley brought you back?" Sam asked, hoping he was betting right.

"I tried to sell my soul to bring Mary back. "Crowley wouldn't go along with that, though, because he wanted something else."

Sam just nodded. He didn't care about that right now. "Why your daughter, and not your wife?"

"Well, I loved Deanna, of course, but it's not natural for your child to go first."

"So, would you say it's reasonable that any parent who lost a child would do anything to get them back?" Sam asked.

"Definitely," Samuel responded.

"It's the natural order of things?" Sam asked.

"Yes," Samuel said. He was totally confused about what was going on. He wondered if this meant that Mary was coming back.

"So, if a parent sold his soul, the child should feel no guilt or responsibility? The parent wouldn't want that?"

"Of course not," Samuel responded.

"No further questions," Sam said.

Samuel joined the others in the box. "What's going on?" he whispered to John.

"Dean's on trial for stuff he feels guilty about, I think," John whispered back. He had never gotten along with Mary's father, but he was Mary's father and had been trying to sell his soul for her. Maybe he had more in common with the old man then he thought.

Dean went to the witness stand.

"Dean, have you ever sold your soul?" Sam asked.

Dean rolled his eyes. "Yes."

"For what?" Sam asked.

"To bring you back from the dead," Dean answered.

John gasped. So, one of his sons had already sacrificed himself for the other. He wondered how much time Dean had left on his deal.

"Did I ask you to?" Sam asked.

"No, you were dead," Dean pointed out.

Sam smiled. Even when on trial for his life, Dean was still a smart alec.

"Do you remember what I said to you when I found out what you had done?" Sam asked.

"You said I shouldn't have done it," Dean said.

"What did you say in response?" Sam asked.

"I said it was my job to protect you," Dean remembered.

"And what did I tell you a week or so later, about what you had done?" Sam asked.

Dean remembered that also. "You said it was selfish."

"Do you agree with that?" Sam asked.

Dean nodded. He had done it so that he wouldn't be alone. He hadn't cared at the time about the effect on Sam.

"Then wouldn't it follow that it was also selfish when Dad did it?" Sam asked.

John squirmed uncomfortably in his seat. He hadn't thought about it like that. He was just trying to save his son. He hadn't thought about the guilt that Dean would have been feeling. But then again, because of the Colt, he had been able to adjust the deal so he had a heart attack instead of Hell Hounds. He had been hoping Dean would never find out. But, secrets never stayed secrets forever.

Dean looked at his dad. "Yes," he whispered. He had felt guilty that whole year. Samuel might have said it was the natural order of things, but it wasn't. Dealing with demons was wrong. OK, he was being a bit of a hypocrite, but nothing new about that.

"So, why should you feel guilty about somebody else's selfish act?" Sam asked.

"I guess I shouldn't," Dean admitted.

"No further questions," Sam said. He felt he had really won that one. He could only hope. There was nothing more he could have done.


	3. Chapter 3

"My final witness is Amy Pond," Osiris intoned.

"What is he talking about?" Sam asked Dean.

Dean paled. He had never wanted Sam to find out about this. Never.

Amy appeared in the witness box.

"State your name," Osiris said.

"Amy Pond," Amy said. OK, not exactly the name she was born with, but she had been using it for years.

"How did you die?" Osiris asked.

"He killed me," she said, pointing to Dean. She realized she didn't know his name. Only that he was Sam's brother. She stole a glance at Sam. He looked shocked and majorly pissed.

"Why?" Osiris asked.

"Because he thought I was a monster, but I'm not. I'm just a mother trying to protect her child," Amy said. Then realizing she had no idea what had happened after her death, she asked, "Did you kill my son, too?"

Sam looked at Dean. He had no idea whether he had or not and was very interested in the answer.

"No," Dean whispered. Sam wasn't going to defend him anymore. Not after this. He had asked him not to kill Amy, and he had gone behind his back and done it anyway.

"Your witness," Osiris said. He didn't really expect Sam to ask any questions. He could tell Sam was mad. This one was personal between the two brothers. It wasn't the death that Dean felt guilty about. It was the betrayal of Sam.

Sam took a deep breath. He had to push down his own feelings right now. Whatever else had happened, Dean was still his brother and he couldn't let him die.

"Amy, are you human?" Sam asked.

"Not technically," Amy answered. She felt human though. She wasn't a monster.

"What are you—technically?" Sam asked.

"A kitsune," Amy answered.

"Have you killed people?" Sam asked.

"I killed four people the week before my death. But it was only because my son was sick," Amy protested.

"I know," Sam assured her. "Did Dean know that you had killed these people?"

"Yes," Amy said.

Then Sam remembered his strategy. "How did he know?"

"He said he was your brother. I'm assuming you told him."

"That's right," Sam said. "No further questions."

Amy joined the others on the bench.

"I call Ruby," Sam said.

Dean furrowed his brow in confusion. Ruby was dead way before this Amy thing happened. Plus, she was a demon. You didn't call on a demon to help you. He had thought Sam was beyond that stupidity.

"What's going on?" Ruby asked. "Is this some kind of Apocalypse thing?"

"You'll see," Sam said. "What are you?"

"A demon," Ruby answered. She guessed she would just play along and find out what was happening. It looked like Dean was in some kind of trouble, so that was good.

"How long had you known Dean before he killed you?" Sam asked.

"A couple of years," Ruby answered.

"What was your relationship during that time? Were you friends?" Sam asked.

Ruby laughed. "Hardly."

"Then why did he wait so long to kill you?" Sam asked.

"Because you told him I was a good demon and he wanted to trust you," Ruby said.

John was shocked. Why on earth would Sam think there was such a thing as a good demon? He thought Sam was smart. He thought he had taught him that if it's supernatural it's evil. He knew he had taught Dean that lesson well.

"What was the result of having let you live so long?" Sam asked.

"I manipulated you into starting the Apocalypse," Ruby said. She could tell Dean was on trial and she was sure her answers weren't helping him any. "How's that going anyway?"

"It's over," Sam said. "What was happening when Dean killed you?"

"Lucifer was about to rise," Ruby said. "Was it great?"

"What were the last words you and Dean spoke to each other?" Sam asked instead of answering her stupid question. Of course it wasn't great.

"I said he was too late and he said he didn't care."

"So, is it fair to say that Dean would just assume that any monster I wanted spared was manipulating me?" Sam asked.

"Sure," Ruby said.

"Would that be an assumption anyone would make?" Sam asked.

"I would say so," Ruby answered.

"No further questions."

Dean went up to the witness stand.

"Do you wish you had killed Ruby earlier?" Sam asked.

"Yes," Dean answered.

"Do you regret killing the yellow-eyed demon?" Sam asked.

"No," Dean said, wondering what that had to do with anything.

"Do you regret killing that shapeshifter back in St Louis?"

"No."

"Do you regret killing that djinn who gave you that great dream?"

"No."

"Do you regret killing those freaky pagan gods who were totally into mistletoe?"

"Defnitely not."

"Do you regret killing those ghouls who killed our brother?"

"No."

John perked up at that. They knew about Adam? Ghouls had killed him?

"Do you regret killing the wraith in that insane asylum?"

"No."

"Do you regret killing that whole vampire nest that was writing those creepy novels?"

Dean shuddered. "No."

"Then why do you regret killing this monster?" Sam asked, guiltily indicating Amy. He didn't want to call her a monster or a freak, but he would do what he had to to save his brother.

"I don't," Dean said.

"no further questions," Sam said.

Osiris shook his head sadly. Sam had missed the point. Dean hadn't felt guilty about killing the kitsune at all. He felt guilty about betraying Sam, and Sam had done nothing to dispel that guilt.


	4. Chapter 4

"OK, you can make closing remarks and then I shall rule," Osiris said.

"The first case was clearly not Dean's fault. He was ten years old and he did what ten year olds do. Punishing him for that would be like punishing a baby for pooping in its diaper. The results aren't pretty but nobody did anything wrong. I had been annoying Dean all day, asking when dad was coming home, eating the last bowl of Lucky Charms. It was as much my fault as his. In fact, if my father had told me about the supernatural before that point, maybe I could have stayed awake watching for the monster, too. So, what if I was only five? If you're going to blame a ten-year old for playing video games, you may as well blame a five-year old for falling asleep and being ignorant."

"The second case was clearly my fault. I wouldn't shoot the yellow-eyed demon when I had the chance. He was possessing my father and I would have killed him, too, but he ended up dying anyway. Like my father said at the time, killing that demon was more important than anything. The car accident was my fault. I was driving. Because of that, Dean was hurt. And my father sold his soul, not only to save Dean, but so that Dean could save me."

"The third case was also my fault. I've shown Dean time and again that I can't be trusted when it comes to monsters. I've had sex with a werewolf and a demon. My first kiss was with a kitsune. I made friends with a ghost a few years back when all Dean wanted to do was stop car accidents. Any logical hunter kills monsters as soon as they're found. They don't make friends with them, they don't fall in love with them. Dean did the right thing. Especially seeing as how Amy had killed."

"So, in other words, I'm the true guilty party," Sam said. He realized the ironic thing was that if Osiris agreed with him and gave him the death penalty instead, Dean would feel even more guilt. But, Dean didn't trust Sam anymore, so he might as well take his punishment for him.

"Sammy, no," Dean said, when he realized the consequences of Sam's defense strategy.

"Well, Sam Winchester, lucky for you, you are not the one on trial. Dean Winchester, I find you not guilty. This has never happened before, but the rules state that if the defendant is found not guilty, the witnesses get to live. Good-bye." Osiris disappeared leaving the rest of them in the room.

Sam walked up to Ruby and quickly grabbed out her knife and stabbed her. She grunted in surprise as she died.

"Amy, get out of here and find your son," Sam said.

Dean knew that Amy would kill again, but he couldn't stop her. Not in front of Sam. "Sam, I'm sorry," he said.

Sam couldn't deal with that right now. "What about the kid?" he asked indicating the striga victim. "He's been dead over 20 years. His parents aren't exactly expecting him for dinner. They could even be dead."

"I'll take him," Jake volunteered. "How long have I been dead?"

"About six years," Sam said.

"Maybe Andrea won't be too freaked out if I go to find her and Lucas. Maybe she can find it in her heart to forgive me. Either way, I'm sure she won't turn away the boy."

Sam nodded. Andrea would forgive him. He had no doubt of that. He remembered what Andrea had said to him about always remembering that no matter what else, her father had loved her and Lucas.

Once Jake and the kid had left, only family remained. If you could count Samuel as family.

"How long do you have?" John asked Dean.

"What are you talking about?" Dean asked.

"You sold your soul for Sam. How long until your deal comes due?"

"It already came due. I died and went to Hell and angels rescued me," Dean said.

"Dad, it was good to see you again, but I'm going to take off now," Sam interrupted.

"Where are you going?" Dean asked.

"You don't trust me, Dean. You haven't for a long time. You prove it over and over again and I just keep hoping things will change. They're not going to," Sam said. He was sad. He had hoped they could get back to the way things used to be.

"You said it yourself, Sam. You have a blind spot for monsters. Anyone would have questioned you," Dean reminded him.

"But you're not anyone, Dean. You're my brother. I know I made a mistake trusting Ruby. Obviously. But I told you, Amy saved my life."

"Ruby saved your life dozens of times. It didn't make her any less evil. I'm not even saying Amy is full on evil. But she killed and once you've killed you'll do it again," Dean said, willing Sam to understand.

"OK, but couldn't you at least have been honest with me?"

John and Samuel just watched. John was still shocked that Sam had trusted a demon and had apparently had numerous relationships of one sort or another with various monsters. Samuel had never seen Sam so impassioned before. He was usually so cold and calculating. He realized that he was really seeing his grandson for the first time.

"I wanted to spare you another Madison."

Sam looked at him. He looked into Dean's eyes and realized that was the truth. Killing Madison had been so hard on him. He had been racked with guilt about that up until Dean sold his soul for him, then he just replaced Madison guilt with Dean guilt.

"Amy was the first girl I met who understood anything," Sam said. "I never felt accepted by anyone else again until I met Jess."

"I know. That's why I wanted you to believe that she had gone on living without killing again. But, now that she's out there, she will kill again, and we will have to hunt her down. We'll wait, but it will happen. Her kid will get sick again, or she won't have any access to cadavers. Something will come along to make her kill again."

"You don't know that," Sam said, sounding unsure of himself.

"I hope I'm wrong," Dean said. "Please don't leave."

"OK," Sam said. "But you have to be completely honest with me even if you think it will hurt. I spent 180 years in the cage with Lucifer. I think I can take it."

"What?" John asked.

"Long story," Sam said.

"You coming with?" Dean asked.

"I'd like that," John said. "What about him?" he asked indicating Samuel.

"We don't really like him," Dean answered.

Sam smiled at the understatement. Dean had threatened to kill him a couple of times.

As if reading Sam's mind, Samuel said to Dean, "I thought you were going to kill me."

"I've learned not to judge others," Dean said. "But don't push your luck. Keep your distance."

John looked quizzically at him. This was their grandfather.

"We have a lot to tell you," Dean said.

"Well, I've got the time," John said.

The three Winchester men got in the Impala. It was almost like old times, except Dean was driving and John was in the backseat, instead of John driving with Sam in the back. Some things would never change and some things always would.

The End

A/N Thanks to Meggin Lane. She gave me an ending of this story which I didn't use, but it did give me the idea for Sam's defense strategy.


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